In view of the decision in Matter of Yardum (ante, p. 854), decided herewith, the appeal herein is dismissed. Pending the determination of the Supreme Court action, or an earlier application to the Supreme Court in the action there pending between Vincent Yardum and Marguerite Yardum, the parents, it should be agreed upon by the parties, without prejudice, that the mother should have the custody of the children. Lazansky, P. J., Rich, Kapper, Hagarty and Seudder, JJ., concur.